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Constructive Dismissal

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What is Constructive Unfair Dismissal?


Constructive Unfair Dismissal refers to a situation where your employer has committed a fundamental breach of contract and as a result of this breach, you feel that you have no other option but to resign from your job.

Constructive Unfair Dismissal


I think I have a Constructive Unfair Dismissal claim, should I resign from my job?

Resigning from your job is not a decision that should be taken lightly.

There are various legal requirements you must satisfy in order to pursue a Constructive Dismissal claim. The two key elements to this claim are as follows:

  • You  must have been continuously employed by your employer for a period of two years at the point of resignation; and
  • You must also be able to show that your employer has committed a fundamental breach of contract and it is for this reason you have no option but to resign.

I have not worked for my employer for two years but feel like I need to resign from my job, what can I do?

At Oakwood Solicitors, we understand the stress and worry that employees can go through if they are being treated badly at work.

If you have not worked for your employer for two years or more but still feel that you have no other option but to resign from your job, please contact Oakwood Solicitors for advice as there may be an alternative solution to your work related concerns.


Trying to resolve matters with your employer before resigning

The ACAS code of practice states that employees should lodge a formal grievance against their employer before taking steps to resign. This is to give your employer a chance to resolve the matters at hand.

If you do not lodge a formal grievance before resigning, any damages awarded to you at the Employment Tribunal can be reduced by up to 25%.


What if I have already resigned?

If you have already resigned from your job and you think you may have a claim for Constructive Unfair Dismissal, please contact us as soon as possible for advice.


How will my claim be funded?

Oakwood Solicitors provide a variety of funding options to assist you in solving your work-related dispute. A full breakdown of Fees and categories can be found here – please contact us today to find out more about our funding options.



Please contact Oakwood Solicitors Ltd as soon as possible for a free initial review of your potential claim. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

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